Industrial Designs Law in East Timor
Certainly! Here’s an overview of Industrial Designs Law in East Timor (Timor-Leste):
Industrial Designs Law in East Timor
Legal Framework
East Timor’s industrial designs are governed by the Industrial Property Code (Law No. 5/2012).
The National Directorate of Industrial Property (NDIP) under the Ministry of Justice is responsible for registration and administration.
East Timor is a member of the Paris Convention and the World Trade Organization (WTO), hence adheres to the TRIPS Agreement.
East Timor is not yet a member of the Hague Agreement on the international registration of industrial designs.
Key Features
1. What Can Be Protected?
Industrial designs include the appearance of a product or part of it, resulting from features such as:
Lines
Shapes
Colors
Texture
Materials used
Both two-dimensional and three-dimensional designs can be protected.
2. Requirements for Protection
The design must be novel — not previously disclosed anywhere.
The design must have an individual character, meaning it produces a different overall impression on the informed user compared to existing designs.
Designs dictated solely by technical or functional considerations are not protected.
3. Registration Process
Applications are filed with the National Directorate of Industrial Property (NDIP).
The application must include:
A clear representation of the design (drawings, photos, or samples).
Description of the design.
Formal examination is conducted; substantive examination on novelty may be limited.
Accepted designs are published for opposition purposes.
4. Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Protection can be renewed for two additional consecutive periods of 5 years each.
Maximum protection term is 15 years.
5. Rights Conferred
Exclusive rights to use, manufacture, sell, or import products incorporating the design.
Right to prevent unauthorized use or exploitation.
Rights can be transferred or licensed.
6. Infringement and Enforcement
Infringement cases are handled in national courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Criminal sanctions may apply in cases of counterfeiting.
7. International Treaties
East Timor is a member of the Paris Convention and WTO/TRIPS Agreement.
Not yet a member of the Hague Agreement.
Protection abroad requires separate filings or use of international systems applicable in other jurisdictions.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Industrial Property Code No. 5/2012 |
| Registration Authority | National Directorate of Industrial Property (NDIP) |
| Protection Duration | 5 years, renewable up to 15 years |
| International Systems | Paris Convention, TRIPS |
| Enforcement | Civil and criminal remedies |
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